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2021 Supreme(Pat) 164

AHSANUDDIN AMANULLAH
Bhushan Patel, S/o Sona Lal Patel @ Sonalal Raut – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vijay Shankar Shrivastava, Advocate
For the State : Mr. Akbar Ali, APP

JUDGMENT :

The matter has been heard via video conferencing.

2. Heard Mr. Vijay Shankar Shrivastava, learned counsel for the petitioner and Mr. Akbar Ali, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

3. The petitioner apprehends arrest in connection with Adapur PS Case No. 75 of 2020 dated 09.03.2020, instituted under Sections 272/273 of the Indian Penal Code and 30(a) of the Bihar Prohibition & Excise Act, 2016 (hereinafter referred to as the ‘Act’).

4. The allegation against the petitioner is that 230 bottles each of 330 ml nepali country-made liquor kept in a sack totalling 69 litres was recovered from the room of the petitioner.

5. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated due to local village politics.

Learned counsel submitted that the person who was caught by the police disclosed that he had brought 230 bottles of 330 ml each of Nepali country-made wine on a motorcycle and had handed over the same to the petitioner. It was submitted that when the police went to the house of the petitioner such recovery was shown, but the same is false implication as it was kept by others without knowle

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